Massachusetts Governor Bans Non-Resident Marriages

April 25, 2004

In his latest attempt to stop equal marriage rights, Governor Mitt Romney has issued a directive to Massachusetts town clerks prohibiting them from issuing marriage certificates to out-of-state couples. The move comes as a number of town clerks have indicated they will not strictly interpret the 1913 law which prohibits marriage for non-residents if the marriage would be void in the couple's state of residence.

Romney's decision is based upon a strict interpretation of the law that applies the law to couples from any state that does not specifically allow same-sex marriage. He has taken the position that, unless informed otherwise, same-sex marriages would be void in all other states.

The governor's office will issue new forms that will require specific evidence of where a couple resides or intends to reside. Romney has also informed the town clerks that they face criminal liability if they disregard the order.

Prior to the governor's order, most legal experts had intepreted the law to ban marriage for out-of-state couples who resided in the 38 states that explicitly prohibited same-sex marriage. The governor's interpretation would apply to all US states and territories. There is no word on whether the state Attorney General Thomas Reilly would enforce this ban.

Romney's interpretation conflicts with a prior opinion from the AG, who said last month that in his opinion the 1913 law prevents out-of-state residents from getting married in Massachusetts if they are not eligible for marriage in their home state—and 38 states have Defense of Marriage Act laws that define marriage solely as a heterosexual institution.

Earlier in the week, three Democratic state legislators introduced legislation repealing the 1913 law, which was originally enacted to prevent non-resident interracial marriage. The law has never been enforced but has remained on the books despite the 1968 Supreme Court ruling in Loving v. Virginia prohibiting bans on interracial marriage. In the past, Massachusetts town clerks have rarely required proof of residency prior to issuing a marriage certificate to an out-of-state couple.